HEAVY DUTY ANTIFREEZE + COOLANT MANUFACTURER’S LIMITED WARRANTY

 

COMMERCIAL PRODUCTS

 

This Limited Warranty (“Warranty“) applies only to the Heavy Duty Antifreeze + Coolant products sold in Canada listed below (“Products“) and includes all terms and conditions stated below. It applies only to Products purchased for commercial, fleet, or business use, and not for personal, family, or household use.

A. Terms and Conditions

Manufacturer warrants that the Products will conform, at the time of purchase, to the standard specifications stated for those Products, as found on the Product’s label or in other official documentation published by Manufacturer (“Specifications”), and will provide protection against material damage to or failure of the cooling system parts and components in the owner’s vehicle due to rust, corrosion and cavitation for the limited time of the Product’s Warranty Period stated below. For this Limited Warranty, the vehicle’s cooling system parts and components (“Cooling System”) are defined as the radiator, heater core, water pump, hoses and thermostat only. All other engine parts and components are excluded.

Manufacturer further warrants that, for any Product that does not conform to the Specifications during the Warranty Period, Manufacturer will, at its option, replace at no charge or refund the purchase price of the non-conforming Product and may, at its option, accept to pay for the repair or replacement (parts and labour only) of any Cooling System parts or components of the owner’s vehicle that fail or suffer material damage, other than normal wear and tear, as a direct result of vehicle owner’s use of the Product during the Warranty Period, provided that:

1. The owner’s vehicle and Cooling System were maintained according to the vehicle manufacturer’s specifications and recommendations, including flushing, filling, and topping off the cooling system at recommended intervals;
2. The Product was used (including an initial coolant system flush and fill) in accordance with the vehicle manufacturer’s specifications and recommendations and Manufacturer’s Specifications and directions as found on the Product’s label;
3. The owner’s vehicle was used only under normal and expected operating conditions in accordance with the vehicle manufacturer’s specifications and recommendations and with the Specifications;
4. The vehicle owner maintains and provides records verifying compliance with the terms of the Warranty, including evidence of:
   1. routine maintenance of the vehicle and its Cooling System (including sales receipts for service to the vehicle);
   2. purchase and use of the Product (including sales receipts for purchases); and
   3. continuous ownership of the vehicle and that no other products have been added to the Product, except as expressly directed per the Specifications or the Product’s label.

B. Limitations and Exclusions

This Limited Warranty does not apply to any claims that are the result of:

1. normal wear and tear or pre-existing conditions (which may be verified through analysis at Manufacturer’s discretion);
2. collision or accident;
3. excessive or abnormal use, abuse, neglect, modification or misuse of Cooling System parts or components;
4. defects in Cooling System parts or components or other parts not related to the Cooling System;
5. improper use or installation of any part;
6. improper use, storage, commingling, mixing or application of the Product in a manner inconsistent with vehicle manufacturer’s specifications and recommendations or Product Specifications or label directions;
7. failure to maintain vehicle in accordance with vehicle manufacturer’s specifications and recommendations or Product Specifications or label directions; or
8. vehicle owner not having continuous ownership of the vehicle during the Warranty Period.

C. Disclaimer and Limitation of Liability

THIS IS YOUR ONLY WARRANTY AND GUARANTEE THAT APPLIES TO THE PRODUCTS AND SETS FORTH ALL OF THE OBLIGATIONS AND RESPONSIBILITIES OF MANUFACTURER. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM PROVINCE TO PROVINCE.

YOUR EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY OR OTHERWISE SHALL BE A REFUND OF THE PURCHASE PRICE OF THE PRODUCTS AND A MONETARY PAYMENT FOR THE REPAIR OR REPLACEMENT FOR FAILED OR DAMAGED COOLING SYSTEM PARTS AND COMPONENTS. MANUFACTURER’S OBLIGATIONS AND LIABILITY (WHETHER IN TORT, CONTRACTUAL OR EXTRACONTRACTUAL LIABILITY, BY STATUTE OR OTHERWISE) SHALL NOT EXCEED, IN THE AGGREGATE, CAD $1,000 (INCLUDING PARTS AND LABOUR).

ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ARE SPECIFICALLY DISCLAIMED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, MANUFACTURER SHALL NOT BE RESPONSIBLE FOR CONSEQUENTIAL, GENERAL, INCIDENTAL, INDIRECT, ECONOMIC, PUNITIVE OR SPECIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF USE OF YOUR VEHICLE). THIS LIMITATION OF LIABILITY AND OUR EXPRESS LIMITED WARRANTY APPLY TO ALL EXPRESS OR IMPLIED GUARANTEE AND WARRANTY CLAIMS (INCLUDING ANY CLAIMS IN TORT, CONTRACTUAL OR EXTRACONTRACTUAL LIABILITY, BY STATUTE, CONTRACTUAL OR OTHERWISE) YOU MAY HAVE. OUR GUARANTEE AND ALL CLAIMS AND DISPUTES ARE GOVERNED BY THE SUBSTANTIVE LAWS OF THE PROVINCE OF ONTARIO, EXCLUDING ANY CONFLICTS OF LAW PROVISIONS. ALL CLAIMS AGAINST US SHALL BE EXCLUSIVELY BROUGHT IN THE PROVINCE OF ONTARIO.

D. HOW TO MAKE A CLAIM

Within ninety (90) days of discovering the failure or damage, provide written notice of the claim to Manufacturer at:

PFX Group – Coolant Lab
604 22nd Avenue
Nisku, AB Canada  T9E 7X6

In addition, the following must be provided:

1. Contact information (name, telephone, address and/or email address)
2. Description of vehicle, including make and model and vehicle odometer reading
3. Proof of vehicle ownership – including copy of vehicle registration and other proof of continuous ownership
4. Description of cooling system failure, complete statement of damage and repair costs or estimated repair costs
5. Proof that vehicle underwent routine maintenance in accordance with vehicle manufacturer’s specifications and recommendations and as specified in the Product Specifications or label directions, including supporting copies of service receipts and repair orders.
6. Proof of purchase of the Product – including:
   1. copy of sales receipt of Product showing date and time purchased and name and address of location the purchase was made
   2. If not personally filled, copy of service invoice showing date and time Product was filled and name and address of location of service provider;
   3. Proof of continuous use of the Product in accordance with the Product Specifications and label directions

All information required above should be submitted to us and, in the case of cooling system parts and components claimed as damaged, be made available for our inspection. Samples of the Product at the time of failure may also be requested to verify the use of the Product. Manufacturer will consider the information, parts and components, and may analyze and test the same, as it considers necessary or advisable in its reasonable discretion, in order to determine if the Product directly caused the claimed damage or failure. We reserve the right to reasonably request additional information from you in order to complete our analysis and make an accurate determination on the cause of the claimed damage or failure.

E.Warranty Period and Conditions by Product